A power of attorney (POA) is a legally binding document that designates a person or persons as your agent and grants them, in the future, the right to act on your behalf when you can no longer do this yourself. This can include the right to decide for you on financial, legal, and medical issues. Power of attorney agreement(s) only take effect while you are still living. A POA should not be confused with a will and testament, which comes into effect after the person has passed. A POA can be signed any time, even years before a person becomes incapacitated. 

A power of attorney, sometimes referred to as a living will or a care directive, and a financial power of attorney are (is) the (two) primary estate planning instrument(s). If the person becomes incapable or incompetent, the power of attorney document(s) designates(s) an agent to handle legal, financial, and medical affairs of the incapacitated person.  

In the absence of these (this) legal document(s), if you are mentally or physically unable to make decisions, someone must petition the court for conservatorship or guardianship over your financial and medical affairs. This public proceeding requires evidence of your incompetency or incapacity. They also look at the fiduciary fitness of the potential guardian and conservator